Bill C-375: An Act to amend the Impact Assessment Act (federal-provincial agreements)

2019, c. 28, s. 1 Impact Assessment Act 1 The Impact Assessment Act is amended by adding the following after section 4: Non-application — provincial process 4.1 (1) This Act does not apply to a designated project that (a) is carried out in a province that is the subject of an order made under subsection (2); and (b) is subject to that province’s assessment process. Declaration of non-application (2) Subject to subsections (3) to (5), the Governor in Council may make an order declaring that the provisions of this Act do not apply to designated projects that are subject to an agreement in writing entered into between the Minister and the government of a province under which they agree that there are in force by or under the laws applicable to the jurisdiction of the province provisions that establish a process designed to, among other things, (a) determine the effects that are likely to be caused by the carrying out of the projects, including effects within federal jurisdiction; and (b) identify mitigation measures for the adverse effects of the projects. Publication of agreements (3) The Minister must publish any agreement referred to in subsection (2) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Comments or objections (4) Within 60 days after the publication of an agreement or notice of its availability under subsection (3), any person may file with the Minister comments or a notice of objection. Publication by Minister of results (5) After the end of the period of 60 days referred to in subsection (4), the Minister must publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with. Publication of final agreements (6) The Minister must publish any agreement referred to in subsection (2) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Termination — after five years (7) An agreement referred to in subsection (2) terminates not later than five years after the date on which it comes into force unless it is renewed. Termination — on notice (8) The Minister or a provincial government may terminate an agreement referred to in subsection (2) by giving the other party at least three months’ notice. Revocation of order (9) The Governor in Council may, on the recommendation of the Minister, revoke an order referred to in subsection (2) if the agreement referred to in that subsection terminates or is terminated.